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Securities Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Journal

Brooklyn Law School

2021

Qualified Opportunity Fund; QOF; Private Equity Exemption; Tax Cuts and Jobs Act; securities law; securities regulation; Donald Trump; COVID-19; Internal Revenue Service; IRS; Qualified Opportunity Zones; QOZ; opporunity zone project; tax law; tax incentive; IRS Form 8996; Securities and Exchange Commission; SEC; Securities Act of 1933; Investment Company Act of 1940; private fund exclusion; SEC Rule 506(b); SEC Rule 506(c); section 3(c)(1); section 3(c)(7); investment contract; sophisticated investor; Regulation D; reform; disclosure; California Public Employees' Retirement System; CalPERS; Assembly Bill 2833; crowdfunding; New Markets Tax Credit Program; Low Income House Tax Credit; low-income areas;

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Full-Text Articles in Securities Law

Qualified Opportunity Funds: Private Equity Exemptions From Public Responsibility, Audrey E. Abate May 2021

Qualified Opportunity Funds: Private Equity Exemptions From Public Responsibility, Audrey E. Abate

Brooklyn Journal of Corporate, Financial & Commercial Law

The historic Tax Cuts and Jobs Act (TCJA), passed and signed into law in 2017, included a pilot program of a new kind of tax advantage: the Qualified Opportunity Zone. The obscure provision has since spawned novel investment vehicles, called Qualified Opportunity Funds, through which qualified individuals and entities participate in what are often significant tax advantages, including deferral of capital gains for up to ten years. Because Qualified Opportunity Funds have come into existence so recently, regulation has been slow to catch up to the ways in which this tax program is rapidly attracting capital from private equity, investment …